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PENANG PORT COMMISSION ACT 1955

NOTIFICATION OF SCALE OF RATES 2015

IN exercise of the powers conferred by section 34 of the Penang Port Commission Act 1955 [Act 140], the Minister has approved the scale of rates framed by the Commission as specified in the Schedule which shall come into operation on 15th April 2015.

“goods” and “cargo” include livestock, minerals, wares and merchandise, of every description;

“dangerous goods” means dangerous goods whether in packaged form, containerized or carried in bulk, and includes the goods classified by the Commission into groups as specified in Schedule C to the Penang Port Commission By-Laws 1957 [L.N. (N.S.) 93 of 1957] and in conformity with the IMDG Code and other relevant IMO publications as amended from time to time and as adopted by the Commission;

“package” includes any box, basket, barrel, case, receptacle, sack, bag, wrapper, envelope or other covering or thing in which any cargo is placed for the purpose of carriage, consignment, freight, importation or exportation;

“wharf” includes any wall and building adjoining the foreshore, sea-bed or river-bed;

“Commission’s wharf” means a berth, wharf, dock, pier or landing place operated or controlled by the Commission;

“day” in relation to a transaction, means the period of twenty-four hours from the time of the commencement of the transaction;

“berth” means a dock, pier, jetty, quay, landing place or wharf, which is connected to the shore side;

“transhipment cargo” means the cargo which landed from a vessel and placed in the custody of the Commission for the purpose of shipment on another vessel through bill of lading dated at the port of loading of such cargo and showing that the destination is via the Port of Penang, and the ultimate port of destination which shall be a port other than the Port of Penang is marked on each package or unit containing such cargo and declared to the Commission prior to or at the time such cargo is placed in its custody;

“palletized cargo” means the cargo in small packages or units which have been wrapped, strapped, or wrapped and strapped together and placed on a pallet;

“unitized cargo” means the cargo in small packages or units which have been wrapped, strapped, or wrapped and strapped together as a single unit;

“vehicle” includes any carriage travelling on its wheels or runners and used or intended to be used for the conveyance or carriage of persons, animals or goods;

“LCL” means Less Container Load as declared by the shipping line or its agent in the manifest, container discharge list, load list or export pre-advice, submitted to the Commission prior to the discharge or loading of a cargo onto a vessel;

“FCL” means Full Container Load as declared by the shipping line or its agent in the manifest, container discharge list, load list or export pre-advice, submitted to the Commission prior to the discharge or loading of a cargo onto a vessel;

“IMDG Code” means the International Maritime Dangerous Goods Code published by the IMO;

“Manager” means any officer in charge of the respective port operations or any other officer acting under or with the authority of the officer in charge;

“LOA” means the length overall of a vessel measured from the extreme point forward of the vessel to the extreme point aft of the vessel;

“IMO” means the International Maritime Organization;

“Commission’s premises” includes any place owned or occupied by the Commission and appropriated by the Commission for the landing and shipping of any cargo, including any portion of the bank of the river so owned or occupied which has been improved to facilitate such landing and shipping and any foreshore so owned or occupied and used for such purpose;

“CFS” means the Container Freight Station;

“free storage” means the specified period during which a cargo or container occupies a space assigned to it in the Commission’s premises free of storage charge;

“shift” means one of the following periods:

0730 to 1530 hours;

1530 to 2330 hours;

2330 to 0730 hours;

“pier” includes any stage, stairs, landing place, landing-stage, jetty, floating barge, or pontoon and any bridges or other works connected therewith;

“tonne” means one metric tonne which is equivalent to one thousand kilograms or one cubic metre;

“GRT” means the gross registered tonnage of a vessel measured in accordance with the International Convention of Tonnage Measurement of Ships 1969; and

“vessel” includes any ship or boat or by other description of vessel used in navigation.

Notice to discharge or load cargo
2. (1) An owner, a master or an agent of a vessel shall give written notice to the Manager of his intention to discharge or load any cargo before such work is commenced.

(2) A cargo which is discharged without the permission of the Manager being first obtained shall not be deemed to be in the custody of the Commission and the Commission shall not be held responsible for any loss or damage to the cargo.

Depositing cargo for shipment
3. A cargo shall not be deposited within the Commission’s premises without the written permission of the Manager.

Undercharge
4. The Commission shall be entitled to collect any amount of charges which may be ascertained to have been undercharged or that which may otherwise be found to be due.

Overcharge
5. (1) A port user shall be entitled to a refund of any overcharge if a claim for refund is submitted in writing to the Commission within six months from the date of the delivery bill, shipment bill or any other bill which is issued to the port user.

(2) A port user who claims for a refund of any overcharge shall provide full information supported by such other documentary evidence as may be required by the Commission.

(3) If any goods have been measured or weighed by the Commission and agreed by the Commission and the port user, no claim for a refund shall be accepted by the Commission.

Payment of charges
6. (1) Any payment of charges shall be payable in cash unless a port user has a credit account with the Commission.

(2) If credit facilities are made available by the Commission to a port user, the credit account in respect of such credit facilities shall be settled within the credit term allowed, failing which, further use of the facility may be denied until all the outstanding charges have been paid.

(3) The Commission may, in its sole discretion, estimate and collect in advance all charges which may accrue against any port user.

Chargeable tonnage
7. (1) The Commission shall ascertain the tonnage of a cargo according to one tonne or one cubic metre, whichever is the greater.

(2) The Commission may calculate the tonnage of a cargo according to deadweight or cubic measurement, whichever is the greater, whether or not a vessel’s manifest or shipping note is lodged.

(3) In the case of heavy lift cargo above five tonnes per package, the wharf handling charge shall be based on deadweight.

Transhipment rates
8. (1) Subject to the approval of the Manager, a cargo or container may be charged with transshipment rates if the cargo or container fulfills the following conditions:

the transhipment cargo or container shall be declared for transhipment at the Port of Penang at least twelve hours prior to the arrival of the discharging vessel;

the transhipment cargo or container shall be discharged by the discharging vessels onto the Commission’s wharf and remain in the custody of the Commission until the transhipment cargo or container is transhipped; and

the transhipment cargo or container shall be reshipped by the Commission via another vessel at the Commission’s wharf.

(2) The transhipment rates shall apply only to cargo or container which landed from vessels with LOA measuring more than two hundred and fifty metres and reshipped by vessels with LOA measuring more than two hundred and fifty metres.

(3) The transhipment rates shall not apply to dangerous goods under Group 1, 2 or 3 of Schedule C to the Penang Port Commission By-Laws 1957 and vehicles.

Palletized or unitized cargo rates
9. (1)An import or export cargo may be charged with palletized or unitized cargo rates if the import or export cargo fulfills the following conditions:

the weight or volume per palletized or unitized cargo shall not be more than two and a half tonnes or four cubic metres in measurement per palletized or unitized unit;

the cargo shall be manifested and the manifest shall be duly endorsed at the port of loading as being palletized or unitized and the import or export documents shall be similarly endorsed; and

the palletized or unitized cargo shall be discharged or loaded as a single unit with the aid of forklift trucks.

(2) Any other cargo not defined as palletized or unitized cargo under this Scale of Rates may be classified as loose cargo by the Manager and subject to surcharge as may be determined by the Commission.

Storage charge
10. (1) For the purposes of storage charge, Sundays and all gazetted public holidays in the State of Penang shall be included in the calculation of the storage charge.

(2) The storage period for import cargo or container shall be calculated from the entry date and the time of discharge of the import cargo or container until the time the import cargo or container is gated out from the Commission’s premises.

(3) The storage period for export cargo or container shall be calculated from the entry date and the time of receipt of the export cargo or container until the actual time of berthing of the vessel on which the export cargo or container is to be loaded.

(4) The storage period for transhipment cargo or container shall be calculated from the entry date and the time of discharge of the transhipment cargo or container until the actual time of berthing of the connecting vessel.

(5) The storage charge shall be calculated after the expiry of the free storage period.

(6) The long storage rate may be granted at the discretion and approval of the Manager upon receiving an application for long storage rate.

(7) If tarpaulins are used to protect a cargo stored in an open yard, the storage charge shall be charged at shed rates.

(8) Arms and ammunition shall not be received into storage by the Commission.

(9) In the case of heavy lift cargo above five tonnes, the storage charge shall be based on weight or measurement, whichever is the greater.

CHARGES PAYABLE BY VESSELS

Port dues
11. (1) A port user shall pay the port dues to the Commission based on the LOA of a vessel entering the Port of Penang as follows:

No.

LOA of vessels

Per metre or part thereof(RM)

All vessels except passenger vessel:

1.

Vessel up to 30 metres

Nil

2.

Vessel between 31 metres and 60 metres

2.40

3.

Vessel between 61 metres and 90 metres

4.80

4.

Vessel between 91 metres and 120 metres

10.00

5.

Vessel between 121 metres and 150 metres

21.10

6.

Vessel between 151 metres and 200 metres

24.40

7.

Vessel between 201 metres and 250 metres

25.00

8.

Vessel between 251 metres and 300 metres

25.70

9.

Vessel over 300 metres

26.40

Passenger Vessel:

1.

Vessel up to 60 metres

Nil

2.

Vessel between 61 metres and 90 metres

2.40

3.

Vessel between 91 metres and 120 metres

5.50

4.

Vessel between 121 metres and 150 metres

11.30

5.

Vessel between 151 metres and 200 metres

13.30

6.

Vessel between 201 metres and 250 metres

14.00

7.

Vessel between 251 metres and 300 metres

14.60

8.

Vessel over 300 metres

15.30

(2) Notwithstanding subparagraph (1), the following vessels are exempted from paying the port dues:

a vessel belonging to the Government of Malaysia; and

a vessel which calls at the Port of Penang for emergency purposes provided that no cargo is loaded or discharged, and no fresh water or bunker is taken.

Consolidated marine charge
12. (1) A port user, in relation to a vessel arriving at and departing from the Port of Penang, shall pay the consolidated marine charge to the Commission for the following services:

the pilotage service to the first berth (including private terminal) and pilotage service from the last berth (including private terminal); and

the towage service during berthing and unberthing of the vessel referred to subsubparagraph (a).

(2) The consolidated marine charge in subparagraph (1) shall be based on the LOA of a vessel per call at the rate as follows:

No.

LOA of vessel

Per vessel call(RM)

1.

Vessel up to 30 metres

Nil

2.

Vessel between 31 metres and 60 metres

1,300.00

3.

Vessel between 61 metres and 90 metres

2,200.00

4.

Vessel between 91 metres and 120 metres

3,100.00

5.

Vessel between 121 metres and 150 metres

3,500.00

6.

Vessel between 151 metres and 200 metres

7,000.00

7.

Vessel between 201 metres and 250 metres

10,500.00

8.

Vessel between 251 metres and 300 metres

12,000.00

9.

Vessel over 300 metres

14,000.00

(3) The consolidated marine charge under this paragraph shall apply to every vessel berthed at a wharf.

Pilotage service charge
13. (1) A port user who requests for the pilotage service other than the pilotage service provided for under subsubparagraph 12(1)(a) for movement within the pilotage limit shall pay the pilotage service charge to the Commission at the rate as follows:

Description

Per meter LOA per hour per movement or part thereof(RM)

Piloting a vessel for movement within the pilotage limit

3.00

(2) The pilotage service charge under subparagraph (1) shall be calculated from the time the service is requested to the time the service is completed and based on the LOA of a vessel.

(3) The pilotage service for entering or leaving the port is compulsory for a port user in relation to a vessel of six hundred GRT and above.

(4) The pilotage service for berthing or unberthing a wharf is compulsory for a port user in relation to a vessel of two hundred GRT and above.

(5) Notwithstanding subparagraphs (3) and (4), the Commission may, at its own discretion, determine any vessel to request pilotage service although the vessel not falling under the GRT limit for compulsory pilotage.

(6) The pilotage service charge under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

the pilot waits at the wharf or anchorage for the departure of a vessel.

(2) A port user shall pay the pilot detention charge for every half an hour or part thereof calculated from the time service is requested at the rate as follows:

Description

Per half an hour or part thereof(RM)

Detention of pilot

200.00

(3) The pilot detention charge under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

Charge for the late request, changes or cancellation of pilotage service
15. (1) A port user shall make a request for, changes to or cancellation of, the pilotage service to the Commission —

not less than one and half an hour before the arrival of a vessel; or

not less than half an hour before the departure or shifting of a vessel within the pilotage limit.

(2) If the request, changes or cancellation of the pilotage service is made less than the period specified in subparagraph (1), the port user shall pay a charge for the late request, changes or cancellation of the pilotage service to the Commission at the rate as follows:

No.

Description

Per movement (RM)

1.

Notice given less than one and half an hour before the arrival of vessel

500.00

2.

Notice given less than half an hour before departure or shifting of vessel within the pilotage limit

500.00

(3) The charge for the late request, changes or cancellation of the pilotage service under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

Towage service charge
16. (1) A port user who requests for a towage service other than the towage service provided for under subsubparagraph 12(1)(b) for movement within the pilotage limit shall pay the towage service charge to the Commission at the rate as follows:

Description

Per meter LOA per tugboat per hour or part thereof(RM)

All vessels within the pilotage limit

6.00

(2)The towage service charge under subparagraph (1) shall commence from the time the tugboat leaves its base to the time the tugboat returns to its base.

(3) The towage service charge under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

Tugboat detention charge
17. (1) A port user shall pay a tugboat detention charge to the Commission for the detention of a tugboat due to the delay in arrival or departure of a vessel.

(2) The tugboat detention charge in subparagraph (1) shall be calculated for every half an hour of the delays or part thereof from the time the service is requested at the rate as follows:

Description

Per tugboat per half an hour or part thereof(RM)

Detention of tugboat

200.00

(3) The tugboat detention charge under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

Charge for late request, changes or cancellation of towage service
18. (1) A port user shall make a request for, changes to or cancellation of, the towage service to the Commission not less than half an hour before the time the towage service is requested, changed or cancelled.

(2) If the request for, changes to or cancellation of, the towage service is made less than the period specified in subparagraph (1), the port user shall pay a charge for the late request, changes or cancellation of the towage service to the Commission at the rate as follows:

Description

Per tugboat per movement (RM)

Notice given less than half an hour before the time the towage service is requested, changed or cancelled

500.00

(3) The charge for the late request, changes or cancellation of the towage service under this paragraph shall apply to every vessel berthed at a wharf or anchored at an anchorage.

Berth occupancy charge
19. (1) A port user, in relation to a vessel occupying a berth at the Commission’s wharf, shall pay a berth occupancy charge to the Commission.

(2) The berth occupancy charge in subparagraph (1) shall include labour charge for berthing and unberthing of the vessel.

(3) The berth occupancy charge in subparagraph (1) shall be based on the classification of vessel type at the rate as follows:

No.

Vessel

Per metre per hour or part thereof(RM)

1.

General cargo vessel

1.20

2.

Passenger / naval vessel

0.60

3.

Tanker vessel for vegetable oils

4.10

4.

Tanker vessel for liquid products:

dangerous goods

non-dangerous goods

5.10
4.60

5.

Dry bulk vessel

1.50

6.

Container vessel

1.70

7.

Barges carrying–

general cargo

passenger

vegetable oils

liquid product – dangerous goods

liquid product – non-dangerous goods

dry bulk

container

1.20
0.60
4.10
5.10

4.60

1.50
1.70

(4) If a vessel does not fall under the vessel or barge type specified in subparagraph (3), the berth occupancy charges shall be based on the classification of vessel or barge type specified in subparagraph (3) as determined by the Manager.

(5) In relation to a tanker vessel for liquid products which carry both dangerous goods and non-dangerous goods cargo, such tanker shall be deemed to be a tanker carrying dangerous goods for the purpose of charging the berth occupancy charge and the berth occupancy charge shall be based on the rates applicable for tankers for liquid products carrying dangerous goods as specified in subparagraph (3).

Passenger charge
20. A passenger, including a passenger in transit, shall pay the passenger charge to the Commission for embarking or disembarking a vessel at the Commission’s wharf at the rate as follows:

No.

Description of passenger

Per person(RM)

1.

Adult

7.60

2.

Children under 12 years of age

3.90

CHARGES PAYABLE BY CONSIGNEE OR CONSIGNOR

General charge
21. (1) A port user shall pay the general charge at the Commission’s wharf to the Commission for the shipping or discharging of cargo within the Port of Penang at the rate as follows:

(2) Notwithstanding subparagraph (1), the following cargoes are exempted from the general charge:

a cargo of fresh fish caught locally other than the cargo that landed at the Commission’s wharf, piers and jetties;

a cargo discharged and reshipped to facilitate stowage; and

overlanded cargo which is later shipped to the port of destination provided that it is reshipped within twenty eight days from the entry date and the time of discharge of the overlanded cargo until the actual time of berthing of the next connecting vessel.

(3) In relation to vehicles for industrial use, the general charge shall be based on the rates applicable for break bulk cargo.

(4) An empty container shall not be subject to the general charge.

Foreshore charge of private jetties, installations and terminals
22. (1) A consignee or shipper shall pay the foreshore charge for a cargo or vehicle passing over the foreshore of private jetties, installations and terminals within the port limit of the Port of Penang other than the foreshore within the Commission’s premises at the rates specified as follows:

Description

Per tonne or part thereof(RM)

All cargo passing over the foreshore

2.00

(2) An empty container shall not be charged with the foreshore charge.

Wharf handling charge
23.(1) A port user shall pay the wharf handling charge to the Commission for the handling of cargo at the Commission’s wharf at the rates as follows:

No.

Cargo

Description

Per tonne or part thereof(RM)

1.

Break bulk

To vehicle or railway wagon direct or vice versa

To vehicle or railway wagon via shed or open area or vice versa

4.10

8.20

2.

Timber

To vehicle or railway wagon direct or vice versa

To vehicle or railway wagon via shed or open area or vice versa

7.60

10.70

3.

Dry bulk

To vehicle or railway wagon direct or vice versa

2.40

4.

Liquid bulk

Private pipelines:

dangerous goods

non-dangerous goods

1.90

1.80

5.

Heavy lift cargo above 5 tonnes up to 15 tonnes

To vehicle or railway wagon direct or vice versa

To vehicle or railway wagon via shed or open area or vice versa

14.00

22.00

6.

Heavy lift cargo above 15 tonnes

To vehicle or railway wagon direct or vice versa

To vehicle or railway wagon via shed or open area or vice versa

19.50

32.50

(2) A port user shall pay the wharf handling charge to the Commission for the handling of motor vehicle at the Commission’s wharf at the rates as follows:

No.

Description

Per unit(RM)

1.

Motorcar or trailer

41.00

2.

Lorry, bus, truck, van or other vehicles

82.00

(3) A port user shall pay the wharf handling charge to the Commission for the handling of transhipment cargo at the Commission’s wharf at the rates as follows:

No.

Description

Per tonne or part thereof(RM)

1.

Package up to 5 tonnes

11.50

2.

Package above 5 tonnes up to 15 tonnes

30.40

(4) For the purpose of this paragraph, a wharf handling charge includes receiving and reshipping at the Commission’s wharf.

Per tonne per dayor part thereof calculated from the first day of storage up to the last day of storage (RM)

Shed

Open yard

Export cargo

7 days or less

Free

Free

More than 7 days and up to 14 days

1.00

0.50

More than 2 weeks —

for the first 2 weeks; and

for each subsequent week or part thereof

14.00

14.50

7.00

7.30

No.

Description

Per tonne per week or part thereof (RM)

1.

Tobacco (per 0.25 tonnes or part thereof)

1.60

2.

Liquor (per 100 litres or part thereof)

2.50

The cargo referred to in this subsubparagraph shall not be given any free storage period; and

an import cargo in the shed or open yard at the rate as follows:

Description

Storage period

Per tonne per dayor part thereof calculated from the first day of storage up to the last day of storage (RM)

Shed

Open yard

Import cargo

4 days or less

Free

Free

More than 4 days and up to 7 days

0.70

0.40

More than 7 days up to 14 days

1.70

0.90

More than 2 weeks —

for the first 2 weeks; and

for each subsequent week or part thereof

23.80

24.00

12.60

12.10

an export cargo in the shed or open yard at the rate as follows:

a cargo in the bonded warehouse at the rate as follows:

a motor vehicle at the rate based on its measurement weight.

(2) If a port user applies for a storage period other than the storage period referred to in subparagraph (1), the port user shall pay the long storage charge to the Commission at the rate as follows:

Description

Per tonne per week or part thereof(RM)

Long storage charge

6.20

Wharf handling charge for containers
25. (1) A port user shall pay the wharf handling charge for containers to the Commission for the handling of containers, excluding stevedore, at the Commission’s wharf —

No.

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

1.

FCL/Empty

114.00

171.00

2.

LCL

322.00

486.00

3.

Transshipment

78.00

117.00

4.

FCL (dangerous goods)

171.00

257.00

No.

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

1.

FCL/Empty

200.00

300.00

2.

LCL

408.00

615.00

3.

Transshipment

156.00

234.00

4.

FCL (dangerous goods)

300.00

450.00

using the vessel’s derricks at the rate specified as follows:

using the port’s cranes or ro-ro ramp at the rate as follows:

(2) A port user shall pay the wharf handling charge for containers to the Commission for the shifting of containers at the Commission’s wharf —

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

With landing and reshipping operation

114.00

171.00

No.

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

1.

Without landing and reshipping operation

86.00

129.00

2.

With landing and reshipping operation

286.00

429.00

using the vessel’s derricks at the rate as follows:

using the port’s cranes at the rate as follows:

Extra movement charge for containers
26. (1) A port user shall pay the extra movement charge for containers to the Commission for the handling of containers within the container yard at the rate as follows:

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

Extra movement of lifting on or lifting off operations

65.00

98.00

(2) The extra movement charge in subparagraph (1) shall also apply to the shifting of containers referred to in subparagraph 25(2).

Opening and closing of hatch cover charge
27. A port user shall pay the opening and closing of hatch cover charge to the Commission for the opening and closing of hatch cover on board vessel at the rate as follows:

No.

Description

Per operation(RM)

1.

Opening hatch cover, placing the hatch cover at the next hatch and subsequently closing hatch

Storage charge for containers or break bulk cargo in CFS
28. (1) A port user shall pay the storage charge for containers or break bulk cargo to the Commission at the rate as follows:

No.

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

1.

Empty container (per day)

5.80

11.60

2.

Laden container (per day)

11.60

23.30

3.

Overheight/ Overwidth / Overlength container (per day)

17.50

35.10

4.

Break bulk cargo in CFS

Same rate as storage charge for cargo stored in shed

(2) If a laden container is empty, the empty laden container shall not be given any free storage period.

(3) The storage of containers or break bulk cargo in CFS shall be entitled to a free storage period as follows:

No.

Description

No. of days or part thereof

1.

FCL import containers laden or empty

3

2.

LCL import reefer containers

3

3.

FCL/LCL export containers, laden or empty

3

4.

Transhipment containers

14

5.

Break bulk import cargo in CFS

4

6.

Break bulk export cargo in CFS

7

Shut-out containers charge
29. (1) If a container stacked at an export section is shut-out by a vessel and subsequently delivered to a rail or vehicle, the port user shall pay the shut-out containers charge to the Commission at the rate as follows:

No.

Description

Per container(RM)

Up to 20 feet length

Over 20 feet length

1.

FCL/ Empty container

114.00

172.00

2.

FCL container including unstuffing

380.00

572.00

3.

LCL container

322.00

486.00

4.

LCL container including unstuffing

586.00

887.00

(2) The shut-out containers charge in subparagraph (1), if any, shall be in addition to extra movement charge as specified in paragraph 26.

(3) If a container to be exported is shut-out by one vessel and subsequently shipped via another vessel, the port user shall pay the extra movement charge for containers as specified in paragraph 26 to the Commission based on the number of extra movements involved.

(4) For the purposes of subparagraph (3), the free storage period for the shut-out container shall be calculated from the date the shut-out container is first received.

Reefer container service charge
30. A port user shall pay the reefer container service charge to the Commission for the reefer container service at the rate as follows: